Time to End MA State Legislature’s Exemption from Public Records Law

Share on Facebook

Share on Twitter

Share on

LinkedIn

The purpose of transparency laws is to promote more effective, accountable and responsive government. Engaged citizens are essential for our form of government to thrive over the long-term. According to the Secretary of the Commonwealth of Massachusetts, “the founding fathers of our nation strove to develop an open government formed on the principles of democracy and public participation. An informed citizen is better equipped to participate in the process.” Yet, despite this paramount need for the long-term health of the Commonwealth, our transparency laws remain deeply flawed.

The Public Records Law expressly states that the law “shall not apply to the records of the general court” Meaning the state legislature “exempted” itself from a most important law. Although the Supreme Judicial Court upheld the application of the legislature’s blanket exemption, it has never ruled specifically on the constitutionality of the provisions. We at Pioneer Institute believe the legislature’s exemption to this law is unconstitutional. The legislature’s exemption from public records law undermines the rights reserved to the people in the state Constitution and makes it impossible for citizens to uphold their end of the bargain by being engaged in the democratic process.

Read our Public Testimony, delivered by Mary Connaughton, Pioneer’s Director of Government Transparency, on May 4th, 2018 before the Special Legislative Commission on Public Records.

Download Public Testimony

Recent Posts:

In The Era Of COVID-19, Mass. Needs To Get Long-Term Care Right

0 Comments

May 20, 2020

This op-ed originally appeared in WGBH News. In much of the…

National Study Finds Most States Lack Healthcare Price Transparency Laws

May 7, 2020

At a time when the coronavirus pandemic has caused massive shifts in state policies on telehealth and scope of practice in healthcare, a new Pioneer Institute study underscores that most of the 50 states continue to suffer from weak laws regarding price transparency. The study identified states that have laws that require carriers, providers or both to provide personalized cost information to consumers before obtaining healthcare services. Fully 33 states placed in the lowest of the three broad analytic tiers on the strength of their state healthcare transparency laws.

Mapping COVID-19 in Massachusetts Cities & Towns

0 Comments

April 17, 2020

Kudos to he Massachusetts Department of Public Health for posting the count and rate (per 100,000) of confirmed COVID-19 Cases in Massachusetts by City/Town.

Transparency Needed at Long-term Care Facilities

0 Comments

April 17, 2020

The anxiety of having a parent in a nursing home under the constant…

Financial Disclosures – As Important Now as Ever

0 Comments

March 25, 2020

News sources report that certain senators sold stocks just before the market crashed when the economic impact of Coronavirus came to light. Now more than ever, financial disclosures must be accessible to the media and to the public.

Sunshine Week 2020 – When Government Transparency Is More Important Than Ever

0 Comments

March 20, 2020

COVID-19 has overshadowed what was supposed to be Sunshine Week, but vigilance on behalf of open government is even more crucial during times like these, when the public has limited access. But government transparency is important at all times. Each year during Sunshine Week, Pioneer reviews some of its recent work to increase public accountability in Massachusetts government.

New Video Highlights Need for Greater Access to Public Officials’ Financial Ties

March 11, 2020

With as new animated video, Pioneer Institute aims to inform the public about barriers to accessing Massachusetts elected officials’ financial information.

In the past few years, the tobacco industry has thrived in Massachusetts. Here’s why.

0 Comments

February 11, 2020

Despite recent good news about declines in alcohol, traditional…

Pioneer Institute’s Government Transparency Resolutions 2020

January 30, 2020

As we do each January, Pioneer shares the resolutions it hopes state leaders will adopt to bring government actions into better focus and invigorate our democracy with heightened public engagement.

Survey: MA Least Transparent State at Making State Official Financial Disclosures Public

December 18, 2019

New rankings from Pioneer Institute show that among the states that require financial disclosures of elected officials and other significant policy makers, Massachusetts is the least transparent.

Pioneer Institute Announces New Economics Data Tool: MassEconomix

December 12, 2019

A new addition to Pioneer Institute’s Mass Watch data tool suite, MassEconomix, provides time-series data on job and business growth for all of Massachusetts. Pioneer has partnered with the Business Dynamics Research Consortium (BDRC), which is housed at the University of Wisconsin’s Institute for Business and Entrepreneurship, to acquire an employment database known as “Your-economy Time Series”, or YTS. This database provides a year-by-year look at companies and jobs that have existed in the Commonwealth since 1997.

Study Finds Revived Merit Rating Board Taking Steps to Carry Out Statutorily Mandated Duties

October 10, 2019

The Merit Rating Board’s recent adoption of a regular meeting schedule, and related resolutions, are important steps in light of that Board’s 1976 governing statute.